Huntington v. House

X. In a suit by husband and wife under the 'practice act of 1849, the affidavit of the husband is a sufficient verification of the petition. 2. It is too late to object to the verification of a petition when the case is called for trial.

Jlppeal from Weston Court of Common Pleas. Action for slander and malicious prosecution, brought by Huntington and wife against House. Tbe petition was verified by tbe affidavit of Huntington for himself alone. Tbe defendant answered. When tbe case was called for trial, tbe defendant moved to dismiss tbe suit as to tbe wife of Huntington, because tbe petition was not sworn to by ber, nor ber agent or attorney. Tbe motion was sustained. Tbe plaintiffs excepted, and, after a nonsuit submitted to by Huntington, appealed to this court. insisted that tbe verification by the affidavit of tbe husband was sufficient, and that, if not, tbe objection came too late. (Practice Act of 1849, art. 7, § 2. Alfred v. Watkins, 1 N. Y. Code Rep. '343-412, N. S.)